Matthew B. Sperry: Case Successes
Mr. Sperry represented a client who slipped and fell, sustaining severe injury to the client’s knee, which subsequently became infected. After engaging in extensive discovery and negotiation, Mr. Sperry was able to obtain a settlement of $150,000.
Mr. Sperry’s client was charged with DUI, Driving without a Valid License, and was facing a license suspension after the client was stopped for parking in the lot of a closed business after dark and for subsequently allegedly submitting a breath test in excess of Illinois’ legal limit of .08. Mr. Sperry filed a motion to suppress evidence and a petition to contest the license suspension, arguing that the Police had no legal basis to stop someone for parking in the lot of a closed business after dark. After hearing, Mr. Sperry’s motion to suppress was granted, the license suspension was successfully rescinded, and as a result the State DISMISSED ALL CHARGES against Mr. Sperry’s client.
Criminal/Domestic Violence/Order of Protection
Finding of Not Guilty at Trial/Order of Protection Dismissed: Mr. Sperry’s client was charged with multiple counts of domestic battery for alleged illicit touching of the complainant that allegedly happened over a period of days, and the same complainant filed an order of protection against Mr. Sperry’s client as well. Mr. Sperry demanded trial, and following Mr. Sperry’s devastating cross examination of the complainant, Mr. Sperry’s client was found NOT GUILTY of all counts. Following the criminal trial, the complainant discontinued prosecution of her order of protection.
Criminal/Burglary – Mental Illness Court Alternative Program (MICAP) in DuPage
Dismissal of Charges of Burglary: Mr. Sperry’s client was charged with Burglary. Following extensive negotiations with the State’s Attorney’s Office, Mr. Sperry successfully enrolled his client in the DuPage MICAP program, a diversion program for defendants with mental health issues. Mr. Sperry successfully assisted his client through a successful undertaking of the program, resulting in a negotiated DISMISSAL OF ALL CHARGES.
Criminal/Unauthorized use of Credit Card First Chance Program and Expunged
Mr. Sperry’s client was arrested by the police for felony unauthorized use of a credit card. Following invoking his client’s rights following arrest and securing his client’s release at a bond hearing, Mr. Sperry successfully negotiated his client’s admission into Kane County’s Second Chance program, in which charges are dismissed if the defendant follows certain conditions. Under Mr. Sperry’s advisement, his client successfully completed the program resulting in DISMISSAL OF ALL CHARGES.
DCFS Appeal/Expungment Appeal Sustained
Mr. Sperry’s client was indicated by the Department of Children and Family Services (DCFS) for child abuse for allegedly engaging in a physical altercation with a spouse in front of children. Following a contested administrative hearing, Mr. Sperry’s request for an expungement was granted, and the client’s indicated finding was removed from the State Central Registry.
Criminal/Leaving the Scene of Accident, Intervention in Police Interrogation, Trial, NOT GUILTY
When the police confronted Mr. Sperry’s client at her home in an attempt to obtain evidence regarding a “leaving the scene of an accident” investigation, Mr. Sperry’s client followed his advice and immediately called Mr. Sperry. Mr. Sperry invoked the client’s rights, preventing the police from obtaining any statements from his client and required the police to obtain a warrant for any further investigation of the client’s property. When the police threatened Mr. Sperry and his client by stating that they would press charges unless his client admitted wrongdoing, Mr. Sperry instructed the police to file whatever they wanted to file, and that he would see them in court. Once the police filed charges, Mr. Sperry responded by promptly filing a trial demand. After trial, his client was found NOT GUILTY. Mr. Sperry’s aggressive defense saved his client.
Immigration/Cancellation of Removal Granted
Mr. Sperry’s client was placed in removal proceedings after immigration officials learned of multiple criminal convictions of the client when the client returned to the United States from a trip abroad. Mr. Sperry filed a petition for cancellation of removal on behalf of his client, and after a hearing, the cancellation petition was granted. Following the successful conclusion of removal proceedings, Mr. Sperry sought and successfully obtained naturalization for his client, ensuring the client would not be subject to future removal proceedings. Mr. Sperry didn't just stop the Removal of his client, and Mr. Sperry used the process to obtain citizenship for his client.
Immigration/I-601 Waiver Granted for Client Who had Entered U.S. Illegally
After building an extensive hardship case related to the client’s family, Mr. Sperry successfully obtained lawful permanent resident status via an I-601 hardship waiver for a client who entered the United States unlawfully and was illegally in the country for several years.
Criminal/Class X Judgment of Acquittal
Mr. Sperry, assisted as co-counsel to fellow Mevorah Law Offices LLC attorney Bradley Giglio, and successfully defended a client who was charged with Class X Predatory Criminal Sexual Assault of a Child. Over the course of the case, Mr. Sperry and Mr. Giglio successfully defeated the State’s efforts to use hearsay statements of the alleged complainant via a multi-day evidentiary hearing by arguing that the statements were untrustworthy. Following trial, the Court granted a JUDGEMENT OF ACQUITTAL on all charges. Mr. Sperry and Mr. Gigilio’s client walked away with not guilty on all counts.
Possession of Alcohol by a Minor
An open bottle of alcohol was found in the client's bedroom at his parents' home while the client was not home. Later, after the police confronted him with the bottle, the client admitted to the police that the alcohol was his. At trial, Mr. Sperry successfully obtained a directed finding on the legal doctrine of corpus delicti, in that the State failed to show that adults over the age of 21 did not have access to the room and alcohol in question, and it was not a crime for adults to possess alcohol. Mr. Sperry then argued that absent other evidence that a crime occurred, Mr. Sperry's client's admission alone was not legally sufficient for conviction. The Court agreed and the CHARGES WERE DISMISSED with prejudice.
Possession of Marijuana
Mr. Sperry represented a client who was pulled over on two separate occasions by the same police officer for having one brake light out of three out. On each occasion, Mr. Sperry's client was alleged to have possessed marijuana in the automobile. In a consolidated motion to suppress between the two cases, Mr. Sperry successfully argued that the police officer lacked probable cause to pull over his client due to the taillight being out, as the controlling law stated that an automobile shall have two functional brake lights. The Court agreed and suppressed the marijuana found in the car, resulting in DISMISSALS OF BOTH CHARGES as well as the underlying traffic tickets for having a brake light out.
Mr. Sperry's client was charged with battering his girlfriend, and then dropping her off from his car at his girlfriend's mother's home. The girlfriend went directly inside, locked the front door, and told her mother in detail that Mr. Sperry's client had beaten her. When the girlfriend did not appear at trial, the State Attorney attempted to proceed with the trial by having the girlfriend's mother testify as to what the girlfriend told her about the alleged beating. Mr. Sperry successfully argued that all of the girlfriend's statements should be excluded from evidence as inadmissible hearsay, and the Court agreed, ultimately resulting in the State Attorney moving to DISMISS THE CASE.
Driving Under the Influence of Alcohol
Mr. Sperry co-chaired a jury trial which involved an able-bodied client who was observed by police parked in a handicapped spot while having difficulty keeping his balance. After he left the handicapped parking spot, the police pulled over Mr. Sperry's client for the handicap parking violation. The police alleged that they found open containers of alcohol within the vehicle, and further charged that Mr. Sperry's client was intoxicated. The client refused all sobriety tests and the breathalyzer, but proceeded to act belligerently and erratically throughout his arrest toward the police. A few of the client's alleged behaviors included smashing his own head against the wall, swearing, and mumbling. It was successfully argued at trial that just acting rudely and erratically toward the police is not proof of drunkenness, and that the police car camera failed to show the police pulling the alcohol bottles from the car. While the jury found Mr. Sperry's client to have committed the petty offense of illegally parking in a handicapped zone, the jury also returned NOT GUILTY verdicts on the transportation of open alcohol containers and driving under the influence.
Mr. Sperry successfully negotiated a plea for a client who was accused of committing a Class 1 Felony Theft involving embezzlement in excess of $100,000 from an incapacitated elderly woman down to a Class 4 Felony Theft with no jail time, 1 year probation, and with the only restitution due in the criminal case of $25,000.
Mr. Sperry successfully represented a client accused of committing disorderly conduct by sending lewd emails to a neighbor after being told to cease emailing the same neighbor by the police. At trial, Mr. Sperry successfully obtained a directed verdict, with the court finding that the client did not engage in any conduct that could be considered disorderly. The client was found NOT GUILTY.